STATE OF HARYANA Vs. NARESH KUMAR

JUDGEMENT

(1.) THIS writ petition is filed by the employer challenging the award of the Labour Court dated 2.11.1998 (copy annexure P/5) vide which respondent No. 1 was ordered to be reinstated in service with full back wages.

(2.) THE respondent -workman was appointed on 16.7.90 and his services were terminated on 16.7.1991. The case of the petitioner is that the respondent has not worked for 240 days in the year immediately preceding the date of termination of his service.

(3.) COUNSEL for the petitioner argued that the Labour Court has erred in holding that the respondent had completed 240 days of service. The Labour Court has calculated the non -working days in the number of days the respondent had actually worked. It has observed in para 8 of the award as under :